Land in industrial zones, export processing zones, industrial clusters and trade villages

Land in industrial zones, export processing zones, industrial clusters and trade villages are regulated and detailed in Land Law No. 45/2013 / QH13 dated 29/11/2013 replacing the Land Law No. 13/2003 / QH11. Specific contents are as follows:

                                       Land in industrial zones, export processing zones, industrial clusters and trade villages

1. The usage of land for the construction of industrial parks, export processing zones, industrial clusters and craft villages must be in line with land use projects and plans, detailed construction planning have already approved by competent state agencies.

When planning and setting up industrial parks and export processing zones, they must simultaneously make planning on the construction of housing areas and public works outside industrial parks and export processing zones in order to serve for laborers in the industrial zones and export processing zones.

2. Land for lease to economic organizations, overseas Vietnamese and foreign-fund enterprises for investment in the construction and business of infrastructures in industrial parks, industrial clusters and export processing zones. With regard to the area of ​​land with the annual rental payment, the person who are leased land by the State shall be entitled to sublease the land in the form of annual land rental payment; Regarding to the area of ​​land with the form of one-time payment for the whole lease term, the person who are leased land by the State shall be entitled to sublease the land with the same payment form or annual payment.  

Investors are exempted from land rental for the area of ​​land used for the construction of infrastructure for common usage in industrial parks, industrial clusters and export processing zones.

3. Economic organizations, households, individuals, overseas Vietnamese, foreign-fund enterprises that invest in production and business in industrial parks, industrial clusters or processing zones are sub-leased the land attaching to the infrastructure of other economic organizations, overseas Vietnamese, foreign-fund enterprises investing in infrastructure construction and business having rights and the following obligations:

(A) In the case of subleasing land with one-time land rental payment for the whole lease term, the rights and obligations are stipulated in Article 174 of Land Law 2013;

(B) In the case of subleasing land with annual land rental payment, the rights and obligations are stipulated in Article 175 of 2013 Land Law.

4. Land users in industrial zones, industrial clusters and export processing zones must use land for the right purposes as determined, be granted land use right certificates, house ownership and other assets attached to the land and have the rights and obligations under the Land Law in 2013

5. Economic organizations, households, individuals and overseas Vietnamese who invest in production and business in industrial parks, industrial clusters or export processing zones, have been assigned or transferred land use rights by the State associating with infrastructure of other economic organizations, Vietnamese residing overseas investing in construction and business of infrastructure of industrial parks, industrial clusters and export processing zones before the effective date of the Law will be allowed to continue using the land for the remaining duration of the project without having to switch to land lease. Up to the expiration of the project implementation period, it can be considered by the State to lease the land in accordance with the provisions of the 2013 Land Law.

Bao Tin Real Estate Company

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